Cosmetic Devices: Unraveling the Mystery Behind the Masks

(100 Ratings)

Produced on: July 15, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 63 minutes
Difficulty Intermediate

Advertising trends show that regulators often struggle to keep up with innovation. Old rules often don’t marry well with new gadgets. This program dives into the increased use of technology for cosmetic purposes and how it has affected the regulation of the cosmetic industry. This course explores the unique regulatory position that cosmetic devices, or devices that give users cosmetic benefits occupy. Covered in this course are the basic requirements for marketing these products, and how different government agencies regulate them.

 Learning Objectives:

I.     Learn the unique regulatory history of cosmetic devices

II.    Understand the key differences between a medical device and cosmetic device

III.   Learn how to comply with federal regulatory requirements

IV.   Identify common labeling and marketing issues posed by cosmetic devices

V.    Discuss specific enforcement action the Food & Drug Administration and Federal Trade Commission have taken against companies marketing these products

Faculty

La Toya Sutton

BakerHostetler

La Toya Sutton advises clients on legal and compliance issues related to consumer advertising and product claim substantiation across a range of industries. Her practice focuses on the broad range of legal and compliance issues surrounding the marketing of products subject to the overlapping jurisdictions of the U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC). She regularly counsels clients regarding the development, substantiation, approval, and defense of advertising claims, as well as compliance with FDA labeling and marketing requirements. She also has experience defending and initiating disputes before the Council of Better Business Bureau’s National Advertising Division (NAD) and the Electronic Retailing Self-Regulation Program (ERSP). La Toya counsels and represents clients during government, Federal Trade Commission (FTC) and other investigations. 

Select Experience

  • Part-time acting general counsel at a media and distribution company for several lines of cosmetic products. Supervised development of marketing materials, including reviewing all print, online, television and radio advertising for potential FDA and FTC compliance issues; provided advice to research and development team on labeling compliance and claim substantiation; advised on expansion of business to include manufacturing and distribution of dietary supplements.
  • Lead associate in the representation of a dietary supplement company’s response to an FTC investigation concerning health claims. Responsibilities included drafting all written responses; management of document review and submission; and drafting a white paper concerning substantiation.
  • Lead associate in the representation of a dairy company in a competitor-initiated challenge before NAD concerning substantiation of advertising claims.
  • Managed document review for a client’s response in an FTC investigation concerning health and weight loss claims. Responsibilities included training and supervising a team of reviewers and conducting second-level review of more than 23,000 documents.
  • Was lead associate on a team developing a Consumer Product Safety Commission (CPSC) compliance and implementation plan for a national consumer product company.
  • Was lead associate on a team advising a national media company on issues raised by proposed drug advertising, implicating a cross section of FDA, FTC and Federal Communications Commission law.
  • Advised a major home shopping channel on claim development and substantiation for multiple products in a private label dietary supplement line.


Reviews

JP
John P.

Excellent

NP
Nirav P.

high yield, information talk on FDA and FTC regulation of cosmetic devices - very well laid-out slides with excellent content!

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